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Law Educator, Esq., Attorney

Category: Business Law

Satisfied Customers: 98729

Experience: All corporate law, including non-profits and charitable fraternal organizations.

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Hello, I am Rev. Dr. H. Edward Rowe, B.A., Th.M., D.D. I am

Customer Question

Hello, I am Rev. Dr. H. XXXXXX XXXX, B.A., Th.M., D.D. I am a "retired" ordained Christian Minister in my 85th year of life and doing my best to serve God and man in my "old age." I have founded a Christian Mission which I have called "ALPHA REFUGEE ASSISTANCE INTERNATIONAL," that is seeking to assist refugees who have fled to Ghana from war ravaged countries on the Continent of Africa. I have not yet incorporated this ministry, although I intend to do so as soon as possible. MY QUESTION: IS IT LEGALLY OK TO OPERATE A CHRISTIAN MINISTRY WITHOUT INCORPORATING, AND TO RECEIVE FREE WILL FINANCIAL HELP FROM CHRISTIAN RELATIVES AND FRIENDS WHO IDENTIFY WITH MY CHRISTIAN MINISTRY? As you must know, many small churches meeting in homes and shopping centers are unincorporated. I know incorporation has advantages, but UNDER THE FIRST AMENDMENT, WHICH DENIES GOVERNMENT THE RIGHT TO LIMIT THE “FREE EXERCISE” OF RELIGION, IS INCORPORATION LEGALLY REQUIRED BEFORE AN ORDAINED CHRISTIAN MINISTER CAN LEGALLY OPERATE A SMALL PRIVATE CHRISTIAN MINISTRY? IN MY CASE THERE HAVE BEEN ABSOLUTELY NO GENERAL PUBLIC APPEALS FOR FUNDS VIA MAIL, RADIO, TV OR OTHERWISE. ALL CONTRIBUTIONS HAVE BEEN, AND WILL CONTINUE TO BE, STRICTLY PERSONAL AND VOLUNTARY.

No, the problem is that any contributions you receive without being incorporated and registered as a non-profit entity would legally have to be declared on your income taxes and taxes would have to be paid. Additionally, if anyone has any suit against the ministry, you would be personally liable. The reason for incorporation thus is not really about denying the right to limit religion, it is about compliance for tax purposes and protecting yourself from personal liability.

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PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Would not taxing me for donations to a purely Christian ministry amount to a limitation on the "free exercise of religion?" Sorry, but I cannot it otherwise. I have not personally received one dollar from my ministry. Taxing dollars that were donated to a Christian ministry can tax the ministry out of existence, thus limiting the "FREE EXERCISE OF RELIGION."

See, the thing is that the government is not impairing your religion by taxation, it is just that as an individual you cannot accept donations without accounting for them and paying taxes (of course if you can prove that you took the money and gave it to an actual registered non-profit entity after then you could deduct it from your personal income). They are not stopping you from practice, just telling you that you have to do so in a proper legal manner, which is forming a corporation or LLC and obtaining non-profit status which you can easily obtain for this purpose and then you can take in donations as you see fit.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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